When a person passes away in Texas without a valid will, their estate is distributed according to the state's intestate succession laws. The "order of heirs" refers to the specific relatives who are legally entitled to inherit the deceased's property. This order depends on the surviving family members and how they are related to the deceased.
Texas law prioritizes certain relationships to determine who inherits the estate in the absence of a will. The distribution varies significantly based on whether the deceased had a spouse, children, parents, or siblings.
Intestate Succession Scenarios in Texas
Here's a breakdown of common scenarios illustrating who inherits the entire estate when a person dies without a will, based on the surviving family members:
| If you die with: | Here's what happens: |
|---|---|
| Children but no spouse | Your children inherit everything. |
| Spouse but no children, parents, or siblings | Your spouse inherits everything. |
| Parents but no children, spouse, or siblings | Your parents inherit everything. |
| Siblings but no children, spouse, or parents | Your siblings inherit everything. |
It is important to note that these scenarios specifically detail who inherits the entire estate when certain close relatives are absent. Texas intestate laws have more complex rules for situations where multiple types of relatives (e.g., spouse and children) survive, which can involve distinctions between community property and separate property.
